Supreme Court Takes Up Same-Sex Marriage

The Supreme Court will address same-sex marriage for the first time in adding a pair of closely-watched cases from California and New York to its schedule. The New York case involves the Defense of Marriage Act (DOMA), the federal law that limits the rights of employees married to persons of the same sex.

DOMA defines marriage as a legal union between a man and a woman. The Second Circuit Court of Appeals struck down DOMA as unconstitutional earlier this year in Windsor v. United States, +699 F.3d 169 (2d Cir. Oct. 18, 2012).

Among its employment limitations, DOMA does not provide same-sex spouses with:

Equal access to the Family and Medical Leave Act;

The opportunity for continued COBRA coverage;

Insurance benefits for government employees; and

Social Security survivors' benefits.

DOMA also affects how the beneficiaries of same-sex spouses are treated with regard to retirement plan distributions. The Obama administration opposed DOMA in a filing with the Supreme Court.

The case gives the justices the opportunity to decide whether the Constitution guarantees same-sex marriage rights nationwide or whether the issue should be left to the states. The Court also could resolve the issue on narrower grounds. There is no precedent to signal how the justices might rule.

Arguments in both cases are likely to be heard in late March with a decision expected by the end of the Supreme Court's term in June 2013.

Get In Touch

Connect With Us

The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.